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Joseph Matafari Situma v Nicholas Makhanu Cherongo [2001] KECA 157 (KLR)

[2001] KECA 157 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
157
Citation
[2001] KECA 157 (KLR)
Decided
23 November 2001
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to lodge a notice and record of appeal out of timeCoramM. OLE KEIWUA
Holding

The application is dismissed with costs.

Facts

The respondent applied for an extension of time to file an appeal from a judgment delivered on April 12, 1996. The applicant did not know of the application until February 17, 2001, and the application was served on the applicant's step-mother.

Issues

  1. Whether the applicant had sufficient time to file an appeal
  2. Whether the applicant's failure to attend the hearing was due to sufficient cause

Reasoning

The court dismissed the application because the applicant did not show sufficient cause for not attending the hearing and had not filed an application for rehearing within the prescribed time.

Outcome

Dismissed

Orders

  • Application dismissed with costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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